Joseph Osborne

The plaintiff brought a motion to examine representatives of two non-party corporate shareholders (Lake and JLA) under Rule 31.03(8), arguing the action was being defended for their immediate benefit due to an indemnification agreement and litigation accrual fund.

The plaintiff also sought a further and better affidavit of documents.

The court found that the non-parties had a direct financial interest in the outcome and were beneficial parties.

The court ordered the examinations of the non-parties' principals, limited to 10 hours total, and ordered the defendant to serve a further and better affidavit of documents.

The plaintiff brought a motion for substitutional service, extension of a prior order, and a contempt order against the defendant, who had failed to comply with an order to place disputed cryptocurrency assets with a neutral custodian.

The court granted substitutional service by email, noting the defendant's sophistication with technology and his evasion of personal service.

The court extended the prior order and issued a warrant for the defendant's arrest under Rule 60.11(4) to compel his attendance at a contempt hearing, emphasizing the need for his participation in the novel legal issues surrounding blockchain technology.

The plaintiff brought an ex parte motion for a preservation order and an Anton Piller order, alleging the defendant stole $15 million in digital assets.

The court found a strong prima facie case of conversion and noted the defendant's efforts to conceal his identity and transactions.

The court granted the preservation order to freeze the specific digital tokens and the Anton Piller order to allow search and seizure of the defendant's wallet passwords, emphasizing that the law applies to the internet and digital assets.

The moving party, Watts Water Technologies Inc., brought a motion for leave to appeal the order of Sanderson J. dated March 16, 2021.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding party in the fixed amount of $5,000.